Common use of REBATES REASONABLE Clause in Contracts

REBATES REASONABLE. Owner and Contractor hereby acknowledge and agree that the terms, conditions and amounts fixed pursuant to this Article 8 for Performance Guarantee Payments are reasonable, considering the actual reduction in the value of the Facility that it is anticipated Owner will sustain in the event of Contractor's failure to achieve the Performance Guarantees. The amounts of these rebates are agreed upon and fixed hereunder by the Parties because of the difficulty of ascertaining on the date hereof the exact amount of such reduction in value that will actually be sustained by Owner in the event of any such failure by Contractor, and the Parties hereby agree that the rebate amounts specified herein shall be applicable regardless of the amount of such reduction in value actually sustained by Owner. The payment of any such rebates hereunder shall not affect Owner's rights under Articles 15 and 16 hereof or Owner's rights to receive price rebates pursuant to Article 7 hereof.